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Expand Section 2018-2019 DOI Rulemaking Activity

The following describes rulemaking activity for submission before the Legislative Session 2019.

Rule to Implement Uniform Coverage for Newborn and Newly Adopted Children - Docket Number 18-0106-1801

The current rule applies to self-funded health plans subject to registration with the Department as well as health insurers and addresses coverage for congenital anomalies. There is some language in the rule that refers to premiums which denotes health insurance only and causes confusion for self-funded plans given that the terminology for payments by members covered by a self-funded plan is "contribution" and not "premium."

Date Rulemaking Status Text
November 7, 2018 Notice of Rulemaking - Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule

Rules Pertaining To Idaho Acquisitions of Control and Insurance Holding Company Systems – Docket Number 18-0123-1801

We expect to revise language in IDAPA 23 at Subsection 027.01 regarding extraordinary dividends to be consistent with changes made to Idaho Code § 41-3812, following enactment of House Bill 454 in 2018.

Date Rulemaking Status Text
November 7, 2018 Notice of Rulemaking - Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 1:30 pm Text of Draft Rule

Advertisement of Disability (Accident and Sickness) Insurance - Docket Number 18-0124-1801

Section 025 of the rule states that the Director may require the filing of “direct response” advertising regarding disability accident and sickness policies. Some carriers, typically those seeking to sell limited benefit plans, object to filing advertising materials. This results in the Department sending a separate request for this material. The Department believes that it's appropriate to be able to review advertising material, and this change would streamline that communication and process. This rulemaking seeks to modify the rule to eliminate the reference to “direct response” advertising.

Date Rulemaking Status Text
November 7, 2018 Notice of Rulemaking - Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule

Individual Disability and Group Supplemental Disability Insurance Minimum Standards Rule - Docket Number 18-0130-1801

This rulemaking follows House Concurrent Resolution 45 adopted in 2018 and meetings that have already occurred with the Department of Insurance. Health insurers have not covered hearing aids for children based on exclusionary language in this rule. The Department seeks to revise language in section 011 related to exclusions for hearing aids to provide an exception related to medically necessary treatment for a congenital anomaly. (This rule impacts individual insurance coverage; companion rulemaking will address the small group market in IDAPA 18.01.70.)

Date Rulemaking Status Text
December 5, 2018 Notice of Rulemaking - Adoption of Pending Rule
October 3, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
August, 2018 Notice of Public Meeting – September 6, 2018 at 2:00 pm at Statehouse Text of Revised Draft Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule

Schedule of Fees, Licenses, and Miscellaneous Charges - Docket Number 18-0144-1801

The Department of Insurance has withdrawn and is not proceeding with formal rulemaking activity in Docket No. 18-0144-1801. We may consider but are not committed to moving forward with it in the future.


Rule pertaining to Fire Protection Sprinkler Contractors - Docket Number 18-0149-1801

We expect to revise language in IDAPA 18.01.49 to eliminate subsection 011.07 providing for an advisory board, which board has never been formed; eliminate some language in section 021.06 concerning fees that tie the fee amount to one percent of the bid amount. Language imposing fees in the amount of $2.00 per sprinkler head payable to the local department or the State Fire Marshal will be retained including the retention of the maximum and minimum fees.

Date Rulemaking Status Text
November 7, 2018 Notice of Rulemaking - Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 1:30 pm Text of Draft Rule

Rule To Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act- Docket Number 18-0154-1801

This negotiated rulemaking seeks to make updates following the NAIC model rule to add definitions for the 2020 Standardized Medicare Supplement Benefit Plans and add more detailed sections with respect to such plans.

Date Rulemaking Status Text
November 7, 2018 Notice of Rulemaking - Adoption of Pending Rule
October 3, 2018 Notice of Rulemaking - Adoption of Temporary Rule Text of Temporary Rule
September 5, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule

Rule to Annual Financial Reporting - Docket Number 18-0162-1801

We expect to revise and update IDAPA 18.01.62 to include NAIC Annual Financial Reporting Model Regulation #205 provisions supporting the requirement of an independent internal audit function for large insurance companies or insurance holding company groups. The requirement would apply for insurance companies with over $500 million in annual premiums written (or $1 billion if a member of a group). This anticipated rulemaking will require a standard best corporate governance practice to assist company management and the board of large insurers by implementing sound business practices to maintain solvency and honor all policyholder obligations.

Date Rulemaking Status Text
November 7, 2018 Notice of Rulemaking - Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 1:30 pm Text of Draft Rule

Rules Governing Small Employer Health Insurance Availability Act Plan Design - Docket Number 18-0170-1801

This rulemaking follows House Concurrent Resolution 45 adopted in 2018 and some meetings that have already occurred with the Department of Insurance. Health insurers have not covered hearing aids for children based on exclusionary language in this rule addressing the small group market. We seek to revise language of Section 016 related to exclusions for hearing aids to provide an exception for medically necessary treatment for a congenital anomaly. (This rule is a companion rule to that affecting the individual insurance market IDAPA 18.01.30.)

Date Rulemaking Status Text
December 5, 2018 Notice of Rulemaking - Adoption of Pending Rule
October 3, 2018 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
August, 2018 Notice of Public Meeting – September 6, 2018 at 2:00 pm at Statehouse Text of Revised Draft Rule Will Mirror that for Rule 30 Above
July 4, 2018 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule



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